`571.272.7822
`
`
`
`
`
`
`
`
`
`
`Paper No. 44
`
` Entered: July 1, 2016
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`ALTAIRE PHARMACEUTICALS, INC.,
`Petitioner,
`
`v.
`
`PARAGON BIOTECK, INC.,
`Patent Owner.
`____________
`
`Case PGR2015-00011
`Patent 8,859,623 B1
`____________
`
`
`
`Before ZHENYU YANG, Administrative Patent Judge.
`
`
`
`
`
`ORDER
`Granting Request for Oral Argument
`37 C.F.R. § 42.70
`
`
`
`
`
`
`
`
`
`
`
`
`
`PGR2015-00011
`Patent 8,859,623 B1
`Pursuant to 37 C.F.R. § 42.70 and the Scheduling Order (Paper 15),
`both parties timely requested oral argument. Papers 42, 43. The parties’
`requests for oral argument are granted.
`Time and Format
`Hearing will commence at 2:00 PM Eastern Time on July 12, 2016,
`on the ninth floor of Madison Building East, 600 Dulany Street, Alexandria,
`Virginia. Each party will have 45 minutes to present arguments during the
`hearing. Petitioner will open the hearing by presenting its case on both the
`real-party-in-interest and the unpatentability issues. Patent Owner will then
`respond to Petitioner’s arguments. Petitioner may reserve rebuttal time to
`respond to arguments presented by Patent Owner.
`The Board will provide a court reporter for the hearing and the
`transcript will constitute the official record of the hearing. The hearing will
`be open to the public for in-person attendance, which will be accommodated
`on a first come, first served basis. The parties are reminded that certain
`confidential information has been sealed under a Protective Order entered in
`these proceedings. The parties are advised to not include any such sealed
`information in the demonstrative exhibits or refer to it in the arguments.
`Alternatively, the party that originally moved to seal the information may
`waive its request and choose to disclose and rely on the information during
`the oral argument.
`
`Demonstratives
` Demonstrative exhibits shall be served on opposing counsel at least
`five business days before the hearing. Notwithstanding 37 C.F.R.
`§ 42.70(b), each party shall, instead of filing, provide a courtesy copy of the
`demonstrative exhibits to the Board at least two business days prior to the
`hearing by emailing them to Trials@uspto.gov.
`
`2
`
`
`
`PGR2015-00011
`Patent 8,859,623 B1
`Any argument presented in the demonstrative exhibits must be
`supported by evidence already of record. The demonstrative exhibits,
`however, are not evidence. Instead, they are intended to assist the parties in
`presenting their oral arguments to the Board. Also, the demonstrative
`exhibits are not a mechanism for making arguments not previously
`presented. The panel will not consider arguments or evidence appearing
`only in demonstrative exhibits.
`Due to the nature of the demonstrative exhibits, the panel does not
`anticipate that objections to such exhibits would likely be sustained.
`Nevertheless, to the extent that there is any objection to the propriety of the
`demonstrative exhibits, the parties shall meet and confer in good faith to
`resolve any issue. If the parties cannot resolve the issues regarding the
`demonstrative exhibits on their own, the objecting party may file a one-page
`list of its objections to the demonstrative exhibits with the Board at least two
`business days before the hearing. The objecting party should identify with
`particularity which portions of the demonstrative exhibits it objects to, and
`include a one-sentence statement of the reason for each objection. No
`argument or further explanation is permitted. The panel will schedule a
`conference call if deemed necessary. Any objection to demonstrative
`exhibits that is not timely presented will be considered waived.
`The parties are reminded that each presenter must identify clearly and
`specifically each demonstrative exhibit (e.g., by slide or screen number)
`referenced during the hearing to ensure the clarity and accuracy of the
`transcript.
`
`Lead Counsel
`The Board expects lead counsel for each party to be present at the oral
`hearing. Any counsel of record, however, may present the party’s argument.
`
`3
`
`
`
`PGR2015-00011
`Patent 8,859,623 B1
`If either party anticipates that its lead counsel is unable to attend the oral
`argument, the parties should initiate a joint conference call with the Board
`no later than two business days prior to the hearing to discuss the matter.
`Audio/Visual Equipment Requests
`Questions regarding specific audio-visual equipment should be
`directed to the Board at (571) 272-9797. Requests for audio-visual
`equipment must be sent to Trials@uspto.gov at least five business days
`prior to the hearing date. If the request is not received timely, the
`equipment may not be available on the day of the hearing.
`
`
`
`
`
`PETITIONER:
`
`Dipu A. Doshi
`Jonathan W. S. England
`Mark J. Thronson
`BLANK ROME LLP
`DDoshi@BlankRome.com
`JWEngland@BlankRome.com
`MThronson@BlankRome.com
`
`
`PATENT OWNER:
`
`Michael T. Rosato
`Steven W. Parmelee
`Andrew S. Brown
`WILSON SONSINI GOODRICH & ROSATI
`mrosato@wsgr.com
`sparmelee@wsgr.com
`asbrown@wsgr.com
`
`4
`
`
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